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AN OVERVIEW OF INCORPORATION What is a Corporation? A corporation is a separate legal entity that exists independently from its owners (the shareholders). A corporation has the capacity, rights, powers and privileges of a natural person, so that it can carry on business, own property, borrow money, possess rights and incur liabilities. Commercial activity is...
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No one likes taxes, but completing your annual tax return is an unavoidable part of life. Once you file your tax return with the Canada Revenue Agency (CRA), the process doesn’t stop there. The CRA will conduct an evaluation and then send you a Notice of Assessment or Reassessment.A Notice of Reassessment is a document...
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Many businesses enter into lease agreements without professional advice.  The moment you sign a commercial lease agreement, you have most likely made a long term commitment with a variety of obligations and demands – both monetary and otherwise. Many clients I meet do not realize the gravity of the agreement they are entering into. For...
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I tend to meet new clients that have incorporated their business but are unaware of their corporate law responsibilities. Although incorporating is usually the most preferable business structure, one must remember that once you incorporate, you have entered a new domain of laws and obligations. One such obligation is a minute book. Under Section 20...
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A shareholder agreement is first and foremost a contract which must be in writing and must be signed by the shareholders who are party to it. Shareholder agreements are a class of contracts that relate specifically to the relationship between some or all of the shareholders of a corporation and, often (although not necessarily), between...
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Overview of Franchising Franchising is a method of distributing products and services based on a brand and customer recognition. Among other things, a franchisor will grant a license to a franchisee for the use of the trademark or the trade name for a specific fee. The franchisee is then able to use the franchisor’s business...
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Overview of Process When a consumer purchases a new condominium unit in Ontario and they move into the unit, they are unaware that condominium ownership is a two-part phase. In Ontario there are two closings when consumers are purchasing a new unit in a condominium: The Interim Closing – during this phase, the consumer will...
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Although you may already have a will, drafting up a second will containing the shares of your private company is a method to convey those shares to beneficiaries without your estate having to pay Estate Administration Tax. Granovksy Estate v. Ontario, 1998 approved the usage of multiple wills in Ontario as a means of probate planning....
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Two of the major differences between operating as a corporation versus other types of business entities (such as a sole proprietorship or partnership), are that the corporation is a separate legal entity or “person” under the law, owned by individuals known as shareholders, who own the corporation through corporation shares.  As a result, the shareholders...
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